SANJEET SANDHA Vs. STATE OF ODISHA
LAWS(ORI)-2020-6-3
HIGH COURT OF ORISSA
Decided on June 10,2020

Sanjeet Sandha Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

S.K. Panigrahi, J. - (1.) Dreadful crime challenges the belief in fundamental goodness of the society and if there is an understandable motive or response to some form of provocations, we can't comprehend them as it falls beyond the bonds of moral acceptability which is aptly epitomized in the instant case. The petitioner in the present application under Section 439, Cr.P.C. seeks to get enlarged on bail as he is in custody in connection with a case booked under Sections 285, 307 of I.P.C., 1860 arising out of Rairakhol P.S. Case No.260 of 2019 corresponding G.R. Case No 575 of 2019 pending in the file of Ld. S.D.J.M., Rairakhol.
(2.) The brief factual matrix as set out in the FIR reveals that on07.11.2019, the petitioner had borrowed the bike of one of the co-villagers named Radheshyam Pradhan to bring petrol in a bottle from the nearby petrol pump. Since the Petitioner failed to turn up for quite some time the said vehicle owner got worried and started looking for the Petitioner. Finally, he found the petitioner along with his bike and a bottle of petrol around 4:30 PM at Old Bank Chowk. The delayed return of the vehicle by the petitioner irked the owner of the vehicle which triggered a verbal squabble with the present petitioner. In the meantime, the injured (the nephew of the informant) who, was a bystander, tried to mitigate the dispute between the two like a Good Samaritan. Little did the Good Samaritan know that he was, in fact, trying to reason with the devil himself? Instead of being thankful to the victim, the Petitioner, without batting an eyelid and knowing fully well of the consequences of his action, splashed the petrol and hurriedly ran towards a nearby betel shop and snatched away a match box from the said betel shop of Sheta Behera, lit a match stick and tossed it at the victim. The entire upper body engulfed in fire and received scathing burn injury in the upper body part including head, neck, face and chest etc. Having done so, he vanished from the crime scene in a cowardly manner. The shocked passersby and locals immediately rushed to the victim's aid and attempted to douse the fire and took him to the nearby hospital.
(3.) The entire facts were succinctly narrated to the police by the uncle of the victim, Shri Sribanta Purohit, on the same day of occurrence i.e. on 07.11.2019 at 10:55 PM which culminated into registration of an F.I.R. against the present petitioner under Sections 285, 307 of I.P.C. vide Rairakhol P.S. Case No.260 of 2019.The monstrous act of the petitioner endangered victim's life which is recognized as a serious criminal act under criminal law of the land. The petitioner was taken into custody on 08.11.2019, thereafter he unsuccessfully moved a regular bail on 06.12.2019 before the learned S.D.J.M., Rairakhol. He, once again, invoked Section 439 of Cr. P.C. before the Addl. Sessions Judge, Rairakhol which was rejected vide order dated 27.02.2020.;


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